A Proposal of the Establishment of the Third Genus of Civil Body in Chinese Civil Law

There are, legally and theoretically, some different viewpoints upon the establishment of the Third Genus of Civil Body in Chinese Civil Law. The main points of this paper are as follows: first, it is significant to establish the third civil body which can be expected to fetch up the imperfection of the main body of the civil law owing to the obscurity of the personality status and solve the difficult problems that are hard to handle legally; secondly, it is necessary to rectify the erring understanding of the power capacity in the theory of civil law, and clear up the theoretical antinomies of the power capacity inequality of the main bodies; thirdly, it is necessary to legally work out the contradictions caused by the establishment of the third main body.